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(영문) 대구지방법원 2020.01.30 2019노4614
위증
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 10,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the court below (e., six months) is too unreasonable.

2. The offense of perjury requires strict punishment as an offense that interferes with the appropriate exercise of judgment authority, which is a judicial action of the State, or discovery of substantial truth.

Defendant

C, during the period of repeated crime, Defendant B committed each of the crimes in this case during the period of suspension of execution due to special injury.

However, although the defendants denied the facts charged in this case at the court below, they recognize all of their crimes and oppose them.

Although the Defendants made a false statement without exercising the right to refuse to testify, it is difficult to view that there is a high possibility of expectation of lawful act as it concerns the criminal punishment of the Defendants.

The Defendants’ perjury did not affect the outcome of the trial.

There is no same criminal power against the Defendants.

The case of judgment and equality shall be taken into consideration simultaneously with each special injury crime as stated in the judgment below.

In addition, in full view of the various circumstances, including the defendants' age, character and conduct, environment, health condition, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment is delivered again as follows.

[The reasons for the judgment which was written] The criminal facts and the summary of the evidence recognized by the court below are identical to the facts in the judgment below, except for the modification of the "1. Defendants' respective court statements (part)" and "1. Prosecutor's interrogation protocol (part) against the Defendants to "1. Prosecution's own prosecutor's protocol of examination (part)" among the summary of the evidence in the judgment of the court below to "1. Defendant's own court statements". Thus, the

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